3/29/18 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $25,200, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON APR 20, 2017, EPA AND THE NC DEQ CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. DURING THE CEI, EPA AND DEQ INSPECTORS OBSERVED:
- THAT ONE 5-GAL BUCKET WAS LOCATED IN THE AISLE SPACING BETWEEN TWO ROWS OF HAZ WASTE IN THE TOXICS STORAGE VAULT. EPA ALLEGES RESPONDENT VIOLATED THE HW PERMIT BY FAILING TO MAINTAIN AISLE SPACE. RESPONDENT FAILED TO MAINTAIN A MINIMUM AISLE SPACE OF 2 FEET AT ALL TIMES, EXCEPT AS DESCRIBED IN SECTIONS D-1(a)(4) AND F-3(b) OF THE PART B APPLICATION.
- THAT LIQUID WASTE POOLED ON THE TOP OF A HAZ WASTE TOTE IN THE PERMITTED TOXIC MATERIALS CONTAINER STORAGE AREA. EPA ALLEGES RESPONDENT VIOLATED THE HW PERMIT BY FAILING TO RESPOND TO A SMALL SPILL OF LIQUIDS IN THE TOXIC MATERIALS STORAGE AREA.
-- THAT RESPONDENT WAS CONDUCTING WASTE MGMT ACTIVITIES THAT WERE NOT DESCRIBED IN THE PERMIT. SPECIFICALLY, RESPONDENT WAS SEGREGATING MATERIALS FROM THE INCOMING LAB-PACK CONTAINERS, AND CONSOLIDATING LIKE MATERIALS FOR FURTHER MGMT AND ULTIMATE TREATMENT AND/OR DISPOSAL. EPA ALLEGES RESPONDENT VIOLATED 15A NCAC 13A.0113 (40 CFR 270.1(c)) AND SECTIONS 130A0294(c) OF THE NCSWML, N.C.G.S. SECTION 130A-294(c) (RCRA 3005)) BY FAILING TO HAVE A PERMIT DURING THE ACTIVE LIFE (INCLUDING THE CLOSURE PERIOD) OF A HAZ WASTE MGMT UNIT.
- THAT THE NEUTRALIZATION TANK DESCRIBED IN THE PERMIT HAD BEEN REPLACED BY A NEUTR